Amendment2

1

The Immigration and Nationality (Fees) Regulations 20074 shall be amended as follows.

2

In regulation 2 (interpretation)—

a

after the definition of “Tier 5 migrant” insert “and”; and

b

omit the definition “Tier 5 (Temporary Worker) migrant” and the “and” that follows it.

3

In regulation 5A (fees for applications for leave in the United Kingdom), for paragraph (3) substitute—

3

Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is—

a

£400 for an application made by post or courier; or

b

£600 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office.

4

For regulation 9 (exceptions in respect of fees for leave to remain applications) substitute—

9

No fee is payable in connection with applications referred to in—

a

regulation 3;

b

regulation 5A, in so far as the application is for leave to remain as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules;

c

regulation 5C; or

d

regulation 6, in so far as the application is for work permit employment under the immigration rules, as a highly skilled migrant under the immigration rules, as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules or a Tier Two migrant,

where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.

5

In regulation 12 (exceptions in respect of fees for leave to remain applications), omit “, 5D”.

6

Omit regulations 15, 16 and 18 (fees for immigration employment documents).

7

At the beginning of regulation 20A (fees for sponsorship applications), insert “Subject to regulation 20AA,”.

8

After regulation 20A (fees for sponsorship applications), insert—

20AA

In the case of an application to which article 3(2)(p)5 of the 2007 Order applies, where such application is for a licence referred to in sub-paragraphs (a) to (d) of regulation 20A and is in respect of a person who—

a

holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants; and

b

is not a small sponsor,

the fee is £600.

9

For regulation 20B (fees for entry clearance applications), substitute—

20B

In the case of an application to which article 3(2)(aa)6 of the 2007 Order applies—

a

subject to sub-paragraphs (b), (c) and (d), where the application is for entry clearance as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £600;

b

subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £540;

c

subject to sub-paragraph (d),where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £200;

d

where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who—

i

has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and

ii

who is a national of a state which has ratified the Council of Europe Social Charter,

the fee is £180;

e

where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £205;

f

subject to sub-paragraph (g), where the application is for entry clearance as a Tier 2 migrant, the fee is £205;

g

where the application is for entry clearance as a Tier 2 migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £185;

h

where the application is for entry clearance for settlement in the United Kingdom, the fee is £515;

i

where the application is for entry clearance to the United Kingdom other than—

i

for the purposes listed in sub-paragraphs (a) to (h);

ii

as a visitor for a period of six months or less under the immigration rules;

iii

as a student under the immigration rules;

iv

as a Tier 4 migrant;

v

as a Tier 5 migrant; or

vi

for passing through the United Kingdom,

the fee is £205.

2

This regulation is subject to regulation 20C and regulation 20D.

10

In regulation 20C (exceptions and waivers in respect of fees for entry clearance applications)—

a

after paragraph (b) insert “or”; and

b

omit paragraph (d) and the “or” before it.